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Big Data Litigation 2.0

Level: Advanced
Runtime: 63 minutes
Recorded Date: June 12, 2017
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  • A Look at Rule 37(e)
  • How Rule 37(e) playing out in the courts
  • In Practice: Pre-litigation
  • Litigation and what has changed
Runtime: 1 hour
Recorded: June 12, 2017


Storage is cheap, but in Silicon Valley, poor governance over vast pools of sensitive data can lead to unnecessary litigation and regulatory challenges. The new framework of Rule 37(e) provides an opportunity for counsel to more critically assess risk associated with data retention and make defensible business decisions that can benefit future litigation. Organizations are finding that it may be more risky to hoard stale data than it is to delete it. This session will encourage organizations to practice good data hygiene through IG policies that focus on securely maintaining data, only as long as necessary or required by law.

This program was recorded on June 12th, 2017.

Provided By

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Elizabeth Leland

Keller Rohrback LLP

Elizabeth (“Beth”) Leland is longtime a partner in Keller Rohrback’s Complex Litigation Group, where she focuses on litigating cases arising from securities fraud, breach of fiduciary duty or other financial malfeasance at both the trial and appellate levels. She is currently litigating mortgage-backed securities cases on behalf of several institutional investors, as well as financial-based breach of fiduciary duty claims on behalf of ERISA retirement plans.

Beth works closely with Keller Rohrback’s skilled in-house eDiscovery team to maximize their clients’ interests in complex multiparty litigation. By leveraging ever-advancing eDiscovery technologies, Beth and her team maximize accuracy and efficiency in their clients’ data preservation, collection, analysis, and production. On the flip side, Beth is skilled at negotiating the production of ESI from her opponents and leading teams in ESI reviews.

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MIke Quartararo

Director of Litigation Support Services
Stroock & Stroock & Lavan LLP

Michael Quartararo is the Director of Litigation Support Services at Stroock & Stroock & Lavan LLP, and the author of the 2016 book Project Management in Electronic Discovery, published by With 20 years of experience in the legal services industry, he is responsible at Stroock for the development and implementation of Firm policy related to e-discovery and litigation support, and he leads a staff providing consultative support and technology services to 350 attorneys and paralegals. He regularly consults with attorneys and the Firm’s Fortune 500 clients on the use of technology, electronic discovery, and information governance. He also teaches e-discovery and project management and sits on the advisory board at Bryan University in Tempe, Arizona. A graduate of the State University of New York, he also studied law in the UK. He is a certified Project Management Professional (PMP) and a Certified E-Discovery Specialist (CEDS). He sits on the national Advisory Board of the Association of Certified E-Discovery Specialists (ACEDS) and is the liaison member to the EDRM Advisory Committee. Mike frequently writes and speaks on project management, e-discovery and litigation support issues.

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Peter Hsiao

Partner & Head of the Environment and Energy Group
Morrison & Foerster LLP

Peter Hsiao is a partner of Morrison & Foerster, LLP and head of the Environment and Energy Group in Los Angeles, and the firm’s Green Products and Chemicals team. Drawing upon his technical background as a chemical engineer, Mr. Hsiao has more than 31 years of experience in complex litigation and transactional work with a specialty as a lead trial attorney in environmental, natural resources, chemical toxic tort, and land use law.

Mr. Hsiao is recognized as one of the leading trial attorneys in environmental law. He was named Los Angeles Environmental Litigation Attorney of the Year in 2016 by Best Lawyers in America. He is one of 16 lawyers named as a Distinguished Environmental Advocate by the American Bar Association, and is identified as a Trailblazer in Energy and Environmental Law by the National Law Journal. Mr. Hsiao is named by Chambers and Partners as one of the nation’s best environmental lawyers, and recommended by Legal 500, PLC Global 3000, the International Who’s Who of Business Lawyers, the Los Angeles Business Journal and Super Lawyers as a leading environmental lawyer. He is a Fellow of the American College of Environmental Lawyers, a former member of the ABA's Standing Committee on Environmental Law and the former Chair of the State Bar of California’s Environmental Law Section.

Mr. Hsiao served as a senior trial lawyer for the U.S. Department of Justice as an Assistant U.S. Attorney for the Central District of California. He was lead trial counsel representing the U.S. Environmental Protection Agency and other federal agencies in major environmental and natural resource litigation. He is Immediate Past President of the LA County Bar Counsel for Justice, one of the nation’s oldest and largest pro bono organizations.

Mr. Hsiao is a magna cum laude graduate in chemical engineering from the University of Utah and obtained his J.D. from the University of California at Berkeley where he received the McBaine Advocacy Award.

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Joan Washburn

Director of Litigation/eDiscovery Services
Holland & Knight LLP

Joan Washburn is the Director of Litigation & eDiscovery Services at Holland & Knight LLP.

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